Caitlyn Obolsky – June 6, 2012
Construction Defect is an area of the law that is fairly straightforward. Namely, it deals with situations in which your home was constructed in a defective manner. These shortcomings may manifest themselves in obvious or more minute ways, from foundation problems to faulty wood flooring. If your home has been a casualty of construction defect, you may be entitled to compensation or other remedies to fix the problems.
You might have a legally actionable construction defect if your home (or other building), or components of your home:
- Violate(s) the relevant building code
- Fail(s) to comply with the blue prints or other relevant building plans
- (Is)Are constructed in a manner which falls below the industry standard of care, sometimes referred to as sub-standard construction
- Fails to perform or last its full expected useful life
- Exhibit(s) leaks or cracks as a result of any of the aforementioned categories
Depending on the laws of your state, you may be able to recover not only the cost of repairing the construction defects, but potentially also the costs of litigation. In California for example, developers of mass produced homes are strictly liable for construction defects meaning that a property owner only needs to prove the existence of a defect rather than the precise cause of the problem.
Even if a developer or subcontractor has filed for bankruptcy, you may still be able to seek compensation from their liability insurance carriers.
Construction Defect is an area of the law where the statute of limitations is incredibly important. If you have discovered or suspect a defect in your home’s construction, contact a lawyer as soon as possible. Many firms offer free initial consultations, in which they can inform you of your rights and recommend how to proceed with your case. You can also find out if the firm will take your case on a contingency fee basis, meaning attorney fees will be paid pending a successful settlement or decision.
If you think that your home may have a construction defect, contact a Construction Attorneytoday.